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CR.MA/7090/2009 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7090 of 2009
In
CRIMINAL
REVISION APPLICATION No. 788 of 2008
With
CRIMINAL
REVISION APPLICATION No. 788 of 2008
=============================================
DILIPBHAI
ISHWARBHAI CHUDAWALA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance :
MR
YS LAKHANI SR ADV with MR MANAN A SHAH for Applicant(s) : 1,
MR
SHIVANG J SHUKLA APP for Respondent(s) : 1,
MR PS CHAMPANERI for
Respondent(s) : 2,
MR DHARMESH V SHAH for Respondent(s) :
2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 05/04/2010
ORAL
ORDER
Heard
learned advocates for the parties.
Criminal
Revision Application No.788 of 2008 is preferred by the
applicant-original accused challenging the order dated 06.12.2008
passed by learned 4th Additional District and Additional Sessions
Judge, Surat below Exh.1 in Criminal Misc. Application No.1257 of
2008 by which application of the applicant-accused to delete
condition No.9 of the bail order i.e. to deposit Rs.1 lakh between
1st to 10th of every month till trial continues, came to be rejected.
It is to be noted that while granting regular bail vide order dated
21/23.02.2004 in Criminal Misc. Application No.2004 of 2003, as per
condition No.9 the applicant was to pay Rs.1 lakh between 1st to 10th
of every month with respondent-bank.
Vide
order dated 15.04.2009 learned Single Judge has issued Rule in
Criminal Revision Application No.788 of 2008 and thereafter Misc.
Criminal Application
No.7090 of 2009 came to be filed on the ground that proceedings of
Misc. Criminal Application Nos.918 to 939 of 2009 pending before the
4th Additional District & Sessions Judge, Surat be stayed till
final disposal of the Criminal Revision Application No.788 of 2008.
By
order dated 09.10.2009 passed by learned Single Judge while issuing
notice, proceedings of Criminal Misc. Application Nos.918 to 939 of
2009 pending before the learned 4th Additional District &
Sessions Judge, Surat came to be stayed and the said order is in
operation till date.
Learned
advocate for the respondent-Bank had drawn attention of this Court
that from October, 2008 the applicant-accused failed to adhere to the
undertaking, which is part of condition No.9 of the order dated
21/23.02.2004 passed in Criminal Misc. Application No.2004 of 2003 by
which the applicant came to be enlarged initially, and therefore,
stay is also to be vacated.
Mr.
Y.S. Lakhani, learned Senior Advocate appearing with Mr.Manan Shah,
learned advocate for the applicant submitted an undertaking filed by
the applicant dated 31.03.2010 wherein it is stated on oath that not
a single witnesses is yet examined and the applicant has abided
faithfully with the undertaking and paid the amount for number of
years and due to lack of financial arrangement the applicant failed
to adhere to the said condition. In para 2 of the said undertaking it
is stated that the applicant may continue to deposit rupees one lakh
from April 2010 onwards to clear the arrears, which is to the tune of
Rs.17 lakhs approximately and also assured that current outstanding
dues are also paid.
Learned
advocate for the respondent-bank submits that period of payment of
arrears be shortened and applicant be permitted to clear arrears at
the earliest.
Having
heard learned counsel for the parties and considering the undertaking
dated 31.03.2010 filed by the applicant and the fact that the trial
has not proceeded any further except framing of the charge, I am of
the opinion that interest of justice will be met if the applicant
deposits Rs.1 lakh from April, 2010 every month between 1st to 10th
and also pays the current dues. Accordingly, I do not see any reason
to interfere with the order dated 06.12.2008 passed by the learned
4th Additional District and Additional Sessions Judge, Surat below
Exh.1 in Criminal Misc. Application No.1257 of 2008.
In
view of the above order, proceedings of Misc. Criminal Application
Nos.918 to 939 of 2009 stayed by this Court vide order dated
09.10.2009 passed in Criminal Misc. Application No.7090 of 2009
stands vacated with a direction to the trial court to expedite the
said proceedings as early as possible.
Accordingly,
Criminal Misc. Application No.7090 of 2009 and Criminal Revision
Application No.788 of 2008 stand disposed of.
[Anant
S. Dave, J.]
*pvv
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